9911796707
TMI Blog2006 (7) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... g his employment with the company, two directors resigned from the post of directorship on 1-6-2000. The appellant was appointed on 1-6-2000. Form No. 32 issued is dated 1-6-2000. He tendered his resignation on 2-6-2001, in terms of the instructions of the managing director. His resignation was accepted and he was relieved from the post of directorship of the company. One S.K. Jha was appointed as a director of the company. The appellant intimated to the respondent that he was not the director of the company. He also gave the address of the managing director of the company in terms of the communication dated 13-12-2002. He was an employee hardly for about 1 years. He became the director on 1-6-2000, and resigned on 2-6-2001. He was not awa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffence, is being wound up, whether by the Tribunal or voluntarily, or which is subsequently ordered to be wound up by the Tribunal or which subsequently passes a resolution for voluntary winding up, . . . ( c )does not deliver up to the liquidator, or as he directs, all such books and papers of the company as are in his custody or under his control and which he is required by law to deliver up." 6. In the case on hand, the appellant-applicant wants to be exempted from filing books of account and records and to delete him as party respondent in the proceedings initiated by the official liquidator. The learned judge has chosen to say that the letter, Annexure "C" by itself cannot be taken as evidence with regard to the appellant being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regard to a past officer. But there are some exceptional cases in which if the past officer is able to place some materials, those materials cannot be ignored by a court while considering an application filed by the applicant. In these circumstances and on the facts of this case, we are satisfied that the appellant-applicant has to be exempted in the light of the material placed before this Court. We, therefore, deem it proper to accept this appeal and set aside the order of the learned company judge dated 15-12-2005. However, liberty is reserved to the official liquidator to issue an appropriate notice in the event of the official liquidator at a later date obtaining any other information with regard to involvement of the appellant with re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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